South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
George E. Callaway vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
George E. Callaway


Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
97-ALJ-07-0559-CC

APPEARANCES:
Petitioner, George E. Callaway:
Pro se

Respondent, South Carolina Department of Health and Environmental Control:
Thomas G. Eppink, Esq.

Parties Present: Both Parties
 

ORDERS:

ORDER

I. Statement of the Case


George E. Callaway (Callaway) seeks a septic tank permit for Lot No. 14, Lakewood Subdivision, Section A, Lakewood Drive, Clarendon County, South Carolina. South Carolina Department of Health and Environmental Control (DHEC) opposes Callaway's application and asserts the water table is too high and that a restrictive clayey subsoil creates an impermissible restrictive layer denying a septic tank permit. Callaway's disagreement with DHEC's determination places jurisdiction in the Administrative Law Judge Division (ALJD). S.C. Code Ann. § 44-1-50 and § 1-23-600(B) (Supp. 1997). The hearing in this matter was held February 19, 1998 at the Edgar Brown Building, Columbia, South Carolina. Based upon the evidence and the argument presented by the parties, the septic tank permit is denied.

II. Issues

Given the soil conditions of Callaway's property located at Lot No. 14, Lakewood Subdivision, Section A, Lakewood Drive, Clarendon County, South Carolina, should a septic tank permit be issued?





III. Analysis

1. Positions of Parties

DHEC asserts no permit can be granted since the water table is found at less than 12 inches and that depth is inappropriate for granting a permit. Further, the lot presents a clayey subsoil at a depth of less than 18 inches which presents an improper restrictive barrier. Callaway disagrees and argues the lot is of a sufficiently high elevation that proper drainage is assured.

2. Findings of Fact

Based on the preponderance of the evidence, the following findings of fact are entered:

a. Investigation of Lot

  1. On July 2, 1997, Callaway filed an application with DHEC to obtain a septic tank permit for Lot No. 14, Lakewood Subdivision, Section A, Lakewood Drive, Clarendon County, South Carolina (Lot 14).

2. Lot 14 is roughly triangular in shape with sides of approximately 210 feet by 226 feet by 200 feet.

3 The lot fronts on a canal that provides access to Lake Marion.

4. On July 7, 1997, the Clarendon DHEC office evaluated the soil of Lot 14 by one soil boring and determined that the seasonal high water table was less than 12 inches in the original soil and that a restrictive soil layer exists at a depth of less than 18 inches below the existing soil surface.

5. Clarendon personnel notified Callaway on July 29, 1997 that the lot was not suitable for a septic tank system since the water table and clayey subsoil conditions prevented a permit.

6. On August 11, 1997, Callaway challenged the denial of the permit request.

7. On August 22, 1997, DHEC personnel inspected Lot 14 by two additional soil borings which determined that the water table was less than 12 inches below the surface and the soil presented an inappropriate restrictive barrier due to the clayey subsoil.

8. Callaway was notified by DHEC personnel on August 26, 1997 that Lot 14 was not suitable for a septic tank because the water table and soil conditions would not allow a permit .

9. Callaway conducted no soil borings on Lot 14.

b. Soil Conditions and Characteristics

10. The seasonal high water table on Lot 14 is less than 12 inches below the original soil surface.

11. A restrictive barrier of clayey subsoil is met at a depth of less than 18 inches.

12. Lot 14 is not suitable for operation of a septic tank system whether conventional, alternative, or experimental.

3. Discussion

a. Introduction

In general, the regulations require that before a permit will be granted, the site must meet standards set by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (V) (A)(1976). Lot 14 does not meet the required standards.

b. Seasonal High Water Table

Under the regulations, a conventional septic tank system requires that the maximum seasonal high water table for the proposed site be at least twenty-nine inches (29") below the natural ground level. See 24A S.C. Code Ann. Regs. § 61-56 (V)(B) & (VII)(B)(1)(1976) (9 inches of soil over 14 inches of aggregate both of which must be 6 inches above the seasonal high water table). Further, where a conventional septic tank system is not feasible, DHEC may allow an alternative system for both the initial treatment of sewage and the final treatment and disposal of sewage as long as the alternative system is within standards established by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (VI)(B)(1),(2) & (VII)(C)(1),(2) (1976). For example, a modified conventional septic tank system may be allowed if the maximum seasonal high water table for the proposed site is at least twenty-one inches (21") below the natural ground level. This system relies upon 9 inches of aggregate plus 6 inches of soil plus the 6 inches needed above the seasonal high water table.

Here, the level of the seasonal high water table on Lot 14 is less than 12 inches. A conventional system requires 29 inches and a modified system requires 21 inches. Thus, the water table depth of less than 12 inches prohibits the granting of a septic tank permit for Callaway's property.

c. Restrictive Barrier

DHEC regulations require that the depth to rock and other restrictive horizons must be greater than one foot below the bottom of the absorption trench. S.C. Code Ann. Regs. 61-56 (V)(C). Since a conventional system requires a trench 23 inches below the surface, the addition of another 12 inches before encountering a restrictive horizon requires that a depth of 35 inches from the surface must be available before encountering a restrictive horizon. Likewise under a modified system, which requires a trench depth of 15 inches, a total depth of 27 inches is needed before reaching a restrictive horizon. On Lot 14 a restrictive barrier is met at a depth of less than eighteen inches. Given the fact that the restrictive barrier begins at less than eighteen inches, neither the conventional system (a requirement of 35 inches) nor the modified system (a requirement of 27 inches) will function on Lot 14.











4. Conclusions of Law

Based upon the above Findings of Fact, I conclude as a matter of law, the following:

1. DHEC is authorized to promulgate regulations relating to septic tanks. S.C. Code Ann. § 44-1-140 (11)(1976).

2. Promulgated regulations govern individual waste disposal systems and the issuance of septic tank permits. 24A S.C. Code Ann. Regs. § 61-56 (1976).

3. DHEC regulations require that the depth to the seasonal high water table must be greater than six inches below the bottom of the absorption trench. 24A S.C. Code Ann. Regs. § 61-56 (V)(B).

4. DHEC regulations require that the depth to rock and other restrictive horizons must be greater than one foot below the bottom of the absorption trench. 24A S.C. Code Ann. Regs. 61-56 (V)(C).

5. A conventional septic tank system requires that the maximum seasonal high water table for the proposed site be at least twenty-nine inches (29") below the natural ground level to accommodate the system. 24A S.C. Code Ann. Regs. § 61-56 (V)(B) & (VII)(B)(1)(1976).

6. A conventional septic tank system requires the availability of a depth of 35 inches from the surface before encountering a restrictive horizon. 24A S.C. Code Ann. Regs. § 61-56 (V)(C) & (VII)(B)(1)(1976).

7. Where a conventional septic tank system is not feasible, DHEC is authorized to consider an alternative system for both the initial treatment of sewage and the final treatment and disposal of sewage as long as the alternative system is within standards established by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (VI)(B)(1),(2) & (VII)(C)(1),(2) (1976).

8. A modified conventional septic tank system requires that the maximum seasonal high water table for the proposed site be at least twenty-one inches (21") below the natural ground level.

9. DHEC may establish, in its discretion, policies and standards concerning all aspects of individual sewage treatment and disposal and may allow experimental systems within acceptable standards. 24A S.C. Code Ann. Regs. § 61-56 (XIII) (1976).

10. Lot 14 does not meet the minimum site conditions for an individual sewage treatment and disposal system under S.C. Code Ann. Regs. § 61-56 (V) whether the system is conventional, alternative, or experimental.

IV. Order


Based upon the Findings of Fact and Conclusions of Law, the following ORDER is issued:

Callaway's application for a septic tank permit for a lot identified as Lot No. 14, Lakewood Subdivision, Section A, Lakewood Drive, Clarendon County, South Carolina is denied.















AND IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge

Dated: February 24, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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